How to Reacquire Philippine Citizenship (RA 9225): Requirements and Process

Introduction

Republic Act No. 9225 (RA 9225), officially titled the "Citizenship Retention and Re-acquisition Act of 2003," represents a significant legislative measure in Philippine law aimed at addressing the citizenship status of natural-born Filipinos who have acquired foreign citizenship. Enacted on August 29, 2003, this law allows such individuals to retain or reacquire their Philippine citizenship without renouncing their foreign nationality, thereby enabling dual citizenship. This provision is rooted in the recognition of the contributions of overseas Filipinos to the nation's economy and society, as well as the desire to foster stronger ties with the Filipino diaspora.

The Act amends certain provisions of Commonwealth Act No. 63, which previously governed the loss and reacquisition of Philippine citizenship. Under RA 9225, natural-born Filipinos—defined under Article IV, Section 2 of the 1987 Philippine Constitution as those who are citizens from birth without having to perform any act to acquire or perfect their citizenship—can avail themselves of this benefit. This article provides an exhaustive overview of the requirements, process, implications, and related considerations for reacquiring Philippine citizenship under RA 9225, within the Philippine legal framework.

Historical and Legal Background

Prior to RA 9225, Philippine law adhered strictly to the principle of single citizenship. Under Commonwealth Act No. 63 (1936), natural-born Filipinos who naturalized in a foreign country automatically lost their Philippine citizenship. Reacquisition was possible but cumbersome, often requiring residency in the Philippines and a court petition under Republic Act No. 8171 for repatriation in specific cases, such as for those who lost citizenship due to political or economic necessity.

The enactment of RA 9225 was influenced by the growing Filipino diaspora, particularly in the United States, Canada, and other countries where many Filipinos sought better opportunities. It was signed into law by President Gloria Macapagal-Arroyo and took effect immediately upon publication. The law's primary intent is to allow Filipinos to maintain cultural, economic, and familial connections to the Philippines while enjoying the benefits of foreign citizenship.

Key constitutional underpinnings include Article IV of the 1987 Constitution, which outlines citizenship principles, and the principle of jus sanguinis (right of blood), where citizenship is derived from Filipino parentage rather than place of birth (jus soli). RA 9225 does not confer citizenship to non-natural-born Filipinos; it is exclusively for those who were natural-born but lost it through foreign naturalization.

The Bureau of Immigration (BI), under the Department of Justice, is the primary agency responsible for implementing RA 9225, in coordination with the Department of Foreign Affairs (DFA) for overseas applications. Implementing Rules and Regulations (IRR) were issued by the BI to operationalize the Act, with subsequent memoranda clarifying procedures.

Eligibility Criteria

To qualify for reacquisition of Philippine citizenship under RA 9225, an individual must meet the following criteria:

1. Natural-Born Status: The applicant must have been a natural-born Filipino citizen at the time of birth. This includes:

   • Children born to at least one Filipino parent.
   • Those born before January 17, 1973 (the effectivity of the 1973 Constitution), to Filipino mothers and alien fathers, who elected Philippine citizenship upon reaching majority age under the 1935 Constitution.
   • Legitimated children of natural-born Filipinos.

2. Loss of Citizenship: The applicant must have lost Philippine citizenship by acquiring foreign citizenship through naturalization after the effectivity of RA 9225 (retention) or before (reacquisition). Note that those who lost citizenship through other means, such as express renunciation or service in foreign armed forces without approval, may not qualify directly under this Act and might need to pursue other repatriation routes.

3. No Disqualifications: Applicants must not be deemed a threat to national security or public order. The BI conducts background checks, and disqualifications may include:

   • Conviction of crimes involving moral turpitude.
   • Affiliation with subversive organizations.
   • Pending criminal cases that could lead to deportation.

For derivative beneficiaries (unmarried minor children and, in some cases, spouses), eligibility extends if the principal applicant qualifies. However, spouses who are foreign nationals do not automatically acquire Philippine citizenship; they must undergo naturalization separately if desired.

Requirements and Documentation

The application process requires submission of specific documents to substantiate eligibility. These include:

1. Principal Applicant:

   • Duly accomplished application form (BI Form No. RAD-9225 or equivalent from consulates).
   • Original and photocopies of birth certificate issued by the Philippine Statistics Authority (PSA, formerly NSO).
   • Proof of former Philippine citizenship, such as an old Philippine passport, voter’s ID, or school records.
   • Certificate of naturalization or foreign passport indicating acquisition of foreign citizenship.
   • Oath of Allegiance, to be taken before an authorized officer.
   • Recent photographs (usually 2x2, passport-sized).
   • Payment of fees: Approximately PHP 3,000 for the petition, plus additional for derivatives (subject to updates; check BI for current rates).

2. For Derivative Beneficiaries:

   • Unmarried children below 18 years old: Birth certificates showing filiation to the principal applicant.
   • If the child is born abroad after the parent's foreign naturalization, additional affidavits or consular reports of birth may be required.
   • Note: Children who are 18 or older must file independently if they wish to reacquire citizenship.

All documents must be authenticated if issued abroad (e.g., apostille for Hague Convention countries or red ribbon from Philippine embassies). Translations are required for non-English documents.

Step-by-Step Process

The process for reacquiring citizenship under RA 9225 is streamlined and can be initiated either in the Philippines or abroad. It typically takes 1-3 months, depending on the venue and completeness of documents.

In the Philippines (via Bureau of Immigration):

1. Filing the Petition: Submit the application and supporting documents to the BI Main Office in Manila or designated regional offices. Appointments may be required.

2. Evaluation and Background Check: The BI reviews documents and conducts a derogatory check with agencies like the National Bureau of Investigation (NBI) and Philippine National Police (PNP).

3. Oath-Taking: Upon approval, the applicant takes the Oath of Allegiance before a BI officer or notary public.

4. Issuance of Documents: Receive the Identification Certificate (IC) as proof of reacquired citizenship. Update records with PSA for a new birth certificate annotation, and apply for a Philippine passport if needed.

Abroad (via Philippine Embassies/Consulates):

1. Submission: File at the nearest Philippine embassy or consulate. The process mirrors the domestic one but is handled by consular officers.

2. Processing: Documents are forwarded to the BI for verification if necessary.

3. Oath-Taking: Administered by the consul.

4. Transmittal: Approved applications are sent to the DFA and BI for recording, with the IC issued locally or mailed.

For those who naturalized after August 29, 2003, they can retain citizenship by taking the oath before acquiring foreign citizenship, but if already naturalized, they follow the reacquisition process.

Implications and Benefits

Upon reacquisition:

• Dual Citizenship: The individual holds both Philippine and foreign citizenship, subject to the laws of both countries. The Philippines does not require renunciation of foreign citizenship.

• Rights and Privileges: Full civil and political rights are restored, including:

  • Right to vote (register with COMELEC).
  • Own property without restrictions under the Constitution (e.g., land ownership limited to Filipinos).
  • Practice professions reserved for Filipinos.
  • Run for public office (but must renounce foreign citizenship under RA 9225 Section 5(2) for elective positions).

• Obligations: Compliance with Philippine laws, including taxation (BIR registration for income), military service exemptions for those over 18, and selective restrictions (e.g., cannot hold positions requiring sole allegiance like in the military).

• For Derivatives: Minor children automatically reacquire citizenship, simplifying family unification.

Challenges and Considerations

• Tax Implications: Reacquired citizens may be subject to Philippine income tax on global income if considered residents. Consult the Bureau of Internal Revenue (BIR).

• Military Service: Males aged 18-26 may need to register for potential service, though exemptions apply for dual citizens.

• Legal Conflicts: Some foreign countries do not recognize dual citizenship, potentially leading to complications.

• Amendments and Updates: The law has been clarified through BI memoranda, such as on derivative benefits. No major amendments have been made, but related laws like RA 11983 (New Philippine Passport Act) affect document issuance.

• Common Issues: Delays due to incomplete documents, name discrepancies, or background checks. Appeals for denials can be filed with the DOJ.

Conclusion

RA 9225 serves as a vital bridge for Filipinos abroad, enabling them to reclaim their heritage while embracing global opportunities. By simplifying the reacquisition process, it promotes national unity and economic contributions from the diaspora. Applicants are advised to consult official BI or DFA resources for the latest forms and fees, ensuring compliance with all procedural nuances. This framework not only upholds constitutional principles but also adapts to the realities of modern migration.